Center for Progressive Reform
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Planning for the Public Health Effects of Climate Migration
In Alaska's arctic communities, Inuit contemplating the need to relocate have reported that the loss of sea ice would make them feel like they are lost or going crazy. Zika and other vector-borne diseases have been a concern primarily for people in the southeastern United States. Recent research on the long-range internal migration of people from the coasts to the interior suggests a broader national concern regarding "climate augmentation" of disease. These are just two examples of the many public health effects we can expect as climate change forces people to uproot themselves.
Mon, 17 Dec 2018 16:00:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=6B7DB255-B116-C037-1E50C4C799E83E5B
http://www.progressivereform.org/CPRBlog.cfm?idBlog=6B7DB255-B116-C037-1E50C4C799E83E5BMaxine Burkett
By Fixing Congress, the Planned H.R. 1 Could Strengthen Public Protections, Too
Not long after their party regained control of the lower chamber in the midterm elections, House Democratic leaders unveiled their signature legislative action for the next Congress - a package of reform measures aimed at tackling some of the worst ethics abuses involving the Trump administration's top officials and members of Congress. Symbolically assigned the designation of H.R. 1 to underscore its status as the top legislative priority, the bill would do more than just restore the integrity of our key democratic institutions; it could also serve as a crucial first step toward strengthening our system of regulatory safeguards.
Thu, 13 Dec 2018 11:15:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=931A7744-DBDF-838C-E7AD3B21605E5B34
http://www.progressivereform.org/CPRBlog.cfm?idBlog=931A7744-DBDF-838C-E7AD3B21605E5B34James Goodwin
Chesapeake Bay Year in Review: A Beneath-the-Headlines Look at Some of the Biggest Restoration and Clean-up Issues
It's that point in the year when we take a step back and reflect on the past 12 months. This was a big year for those concerned about restoring the Chesapeake Bay, with plenty of feel-good stories about various species and ecosystems rebounding more quickly than expected. There were also more than a few headlines about record-setting rainfalls washing trash down the rivers, over dams, and coating the Bay's shores. But I am going to look beneath the headlines at what is driving - or hindering - our progress in restoring the Bay and where things stand now that we're just past the halfway mark in the current Bay cleanup framework. So, in no particular order, here are the top 10 stories and issues I've been watching this year, which I'll expand upon in a series of posts over the next few weeks.
Wed, 12 Dec 2018 14:15:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=6609E211-DF80-1EAB-2AD428B8F6B8C870
http://www.progressivereform.org/CPRBlog.cfm?idBlog=6609E211-DF80-1EAB-2AD428B8F6B8C870Evan Isaacson
The New WOTUS Proposed Rule and the Myths of Clean Water Act Federalism
On December 11, the U.S. Army Corps of Engineers and EPA released a proposed new rule that would change the agencies' shared definition of "waters of the United States." That phrase defines the geographic scope of federal jurisdiction under the Clean Water Act. In the rule itself, and in the rhetoric surrounding the rule, EPA, the Army Corps, and the rule's many political supporters have identified returning power to the states as a primary purpose of the rule. The rule itself emphasizes the need for a "line between Federal and State waters," and much of the rhetoric likewise implies that where federal jurisdiction exists, state authority disappears. Those statements contain a little bit of truth and a lot of deception. In reality, federal jurisdiction does not eliminate state authority. Indeed, limiting federal jurisdiction will often limit states' roles.
Tue, 11 Dec 2018 15:00:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=34EECB91-BA47-A021-8124028F1807C746
http://www.progressivereform.org/CPRBlog.cfm?idBlog=34EECB91-BA47-A021-8124028F1807C746Dave Owen
Two Years and Counting: Looking Forward
In terms of regulatory policy, the second half of Trump's term is shaping up to look a lot like Obama's final two years in office. Congress won't be doing much to advance Trump's environment and energy agenda, as was the case with Obama. So, like Obama, Trump's focus will be on administrative action, particularly regulatory initiatives (or deregulatory ones, in Trump's case). The big question is how these efforts will fare in court. I want to discuss three aspects of that question: timing, judicial review of statutory issues, and judicial review of policy analysis.
Mon, 10 Dec 2018 10:00:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=F6BC20B2-E5C6-0960-CD82426662D27583
http://www.progressivereform.org/CPRBlog.cfm?idBlog=F6BC20B2-E5C6-0960-CD82426662D27583Daniel Farber
Two Years and Counting: A Historical Perspective
We all seem to be subscribed to the "All Trump News, All the Time" newsfeed. It may be helpful to step back a bit and compare Trump with his last Republican predecessor, George W. Bush.
Thu, 06 Dec 2018 09:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=28161995-A0AD-DEBC-15635EBF9B7D18B9
http://www.progressivereform.org/CPRBlog.cfm?idBlog=28161995-A0AD-DEBC-15635EBF9B7D18B9Daniel Farber
Two Years and Counting: Trump at Mid-Term
In September 2017 - that seems so long ago! - Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump administration, based on an earlier series of blog posts. As we end Trump's second year, it's time to bring that assessment up to date. This is the first of three posts examining what Trump has done (and hasn't done) in terms of environment and energy. For this first post, I'll follow the same outline as the 9/17 report but omit a lot of the detail.
Mon, 03 Dec 2018 10:15:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=8EAF2178-E942-872C-A103C5E5CD926C3F
http://www.progressivereform.org/CPRBlog.cfm?idBlog=8EAF2178-E942-872C-A103C5E5CD926C3FDaniel Farber
Opinion Analysis: Frogs and Humans Live to Fight Another Day
In a mixed-bag ruling, a unanimous Supreme Court returned Weyerhaeuser Co. v. U.S. Fish and Wildlife Service to the U.S. Court of Appeals for the 5th Circuit to decide several questions not answered on the first go-round. Chief Justice John Roberts' opinion for the court appears calculated to decide just enough to justify shipping the case back to the lower court.
Fri, 30 Nov 2018 12:00:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=F7A86932-C554-E1E0-8E1CE876DDB40283
http://www.progressivereform.org/CPRBlog.cfm?idBlog=F7A86932-C554-E1E0-8E1CE876DDB40283Lisa Heinzerling
Legal Scholars File Brief Supporting National Monuments Case against Trump
In 2017, President Trump signed a proclamation reducing by about 85 percent the size of Utah's Bears Ears National Monument, a large landscape of pristine red rock canyons and culturally and historically significant Native American sites. He claimed that he had the authority to shrink this and any other national monument under the Antiquities Act of 1906 and had previously ordered the Department of the Interior to review additional monuments whose designations stretch back decades. But does federal law really allow the president to "repeal and replace" our national monuments once they're established?
Mon, 26 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=2C3964A6-EF82-09E6-7994D8412DF871E8
http://www.progressivereform.org/CPRBlog.cfm?idBlog=2C3964A6-EF82-09E6-7994D8412DF871E8Sarah Krakoff
Federalism 'Collisions' in Energy Policy
Like many areas of law, energy policy in the United States is both national and local. The boundary lines delineating federal and state authority are not always clear, leading to tension and disagreement between federal and state authorities. When tensions get too high, Congress can, and often has, stepped in to override state control in order to promote national interests. But when Congress faces partisan gridlock, an increasing number of disputes are resolved in the courts.
Tue, 20 Nov 2018 08:30:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=BF7A4D11-059D-D7C9-230513B2C67872B8
http://www.progressivereform.org/CPRBlog.cfm?idBlog=BF7A4D11-059D-D7C9-230513B2C67872B8Alexandra Klass
Message for State Climate Policy: Lead with a Vision, Not a Tax
Washington State has continued to try -- unsuccessfully -- to pass a carbon tax, with the latest effort, Initiative 1631, losing on November 6. The state's effort to control carbon is laudable, but Washington and other states contemplating how to fill the growing federal climate policy void should consider leading with a vision for a clean energy transition rather than a politically challenging "price." An overarching vision for a low-carbon future and a public decision-making process for achieving that future could attract more support than the imposition of a stand-alone fee or tax.
Mon, 19 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=2D89161E-DDA8-76DB-96E21A25FFBBF3C9
http://www.progressivereform.org/CPRBlog.cfm?idBlog=2D89161E-DDA8-76DB-96E21A25FFBBF3C9Alice Kaswan
Farm Bill 2018 -- Where Are We Going Post-Midterms?
The midterm elections are over, and most of the races have been decided. The outcome will have consequences for a wide variety of policies and legislation, including the 2018 Farm Bill. So what's the status of the bill? What are its prospects for passage during what remains of the 115th Congress? And how will the current and near-future political landscape impact the legislation's conservation provisions?
Fri, 16 Nov 2018 11:30:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=26124DE0-B05C-8740-8218AF363169C750
http://www.progressivereform.org/CPRBlog.cfm?idBlog=26124DE0-B05C-8740-8218AF363169C750Laurie Ristino
Designing Law to Prevent Runaway Climate Change
"Every system is perfectly designed to get the results it gets." If that's so, our climate and energy laws have been perfectly designed to fall short. They will not avoid the catastrophic consequences of climate change or enable a swift transition to a zero-carbon energy system because they have not been designed to achieve those outcomes. Instead, climate and energy laws in the United States, including those promoted by the most progressive jurisdictions, are designed to gradually reduce some emissions and eventually phase out fossil fuels from some sectors, but they are not designed to achieve the drastic systemic changes in our energy sectors and human behavior that are necessary to quickly and permanently reduce greenhouse gases.
Thu, 15 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=C48D3556-E04A-ACA3-F2C0F0FB26B63E86
http://www.progressivereform.org/CPRBlog.cfm?idBlog=C48D3556-E04A-ACA3-F2C0F0FB26B63E86Melissa Powers
Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law
Since the dawn of the environmental justice movement, we have heard the stories of individuals and communities left unprotected by our environmental laws and policies. Their stories reveal the deep-seated structures of racism and inequality that determine what resources and which people environmental law will protect.
Wed, 14 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=926D1B06-0A10-6D01-3EF7F999BD67A4E1
http://www.progressivereform.org/CPRBlog.cfm?idBlog=926D1B06-0A10-6D01-3EF7F999BD67A4E1Sarah Krakoff
Does the President Really Matter to U.S. Participation in International Law? A View from the Perspective of Oceans Law
How much do presidents really matter to the United States' participation in international environmental law?
Tue, 13 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=8B177311-DD1B-C569-5CADF21977CE3CD5
http://www.progressivereform.org/CPRBlog.cfm?idBlog=8B177311-DD1B-C569-5CADF21977CE3CD5Robin Kundis Craig
Federal Court Deals Major Blow to Keystone XL Pipeline
Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline.
Mon, 12 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=C913D618-E12F-25D5-A236916F0B115B3E
http://www.progressivereform.org/CPRBlog.cfm?idBlog=C913D618-E12F-25D5-A236916F0B115B3EVictor Flatt
Act Two: Answering the Clear Mandate for Vigorous Oversight
For two years, President Trump has attempted to steer federal policy in ways that undercut core American values. His vision of government - to the extent one can divine a coherent vision - lacks compassion, fairness, a commitment to equal voice and opportunity, and concern for the long-term threats that families and communities cannot address on their own. Instead, the president has embarked on a campaign to remake the core institutions of our democracy in a new, authoritarian mold. And along the way, he has set an expectation for his administration that its agenda and his personal political and financial aspirations carry more weight than the rule of law. Tuesday's midterms showed that Americans are tired of Congress rubber-stamping the president's actions and letting his mean-spirited rhetoric become normalized. The newly minted Democratic majority in the House of Representatives will be sworn in in early January with a mandate to push back. To what end will Democrats pursue the vigorous oversight agenda that they have promised? Here's an idea: How about focusing on the future?
Thu, 08 Nov 2018 13:30:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=89E22AC9-E823-8BAB-594F70A93AEDE609
http://www.progressivereform.org/CPRBlog.cfm?idBlog=89E22AC9-E823-8BAB-594F70A93AEDE609Matt Shudtz
Warren's Bill Presents Progressive Vision for Rulemaking Reform
Given the enormous success of regulations, you would think that lawmakers - at least progressive ones - would be eager to extol their virtues and champion reforms to strengthen our regulatory system. But you would be wrong. Instead, apparently seduced by the conservative siren song that decries regulations as incompatible with job creation, economic growth, or even "freedom," progressive lawmakers have adopted a much meeker, almost apologetic tone. Thankfully, U.S. Senator Elizabeth Warren has broken from this pattern with the release of the Anti-Corruption and Public Integrity Act. Her bill provides a comprehensive blueprint for ridding our federal institutions of excessive corporate influence while restoring the principle of government "of the people, by the people, and for the people." This entire blueprint is critical in this political era, but it is the bill's "Rulemaking Reform" part that is especially noteworthy. It lays the groundwork for a new, progressive vision of regulation.
Thu, 08 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=F834B944-A002-E5A0-E4187ECABB533B5F
http://www.progressivereform.org/CPRBlog.cfm?idBlog=F834B944-A002-E5A0-E4187ECABB533B5FJames Goodwin
Argument Analysis: Yukon-Charley Continues to Commandeer Gray Cells
Alaska hunter John Sturgeon is asking the Supreme Court to slam the door on the National Park Service's ability to apply its nationwide hovercraft ban to the Nation River within the Yukon-Charley Rivers National Preserve. Sturgeon's attorney, Matthew Findley, told the justices during oral argument Monday that the Alaska National Interest Lands Conservation Act prevents the Park Service - but not other federal agencies - from exercising authority over waters in park units in Alaska.
Tue, 06 Nov 2018 15:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=2C339618-FD96-9233-EE27AC367875D358
http://www.progressivereform.org/CPRBlog.cfm?idBlog=2C339618-FD96-9233-EE27AC367875D358Sandra Zellmer
Argument Analysis: Justices Express Skepticism over Using Legislative Motive in Pre-emption Analysis
The Supreme Court heard oral argument Monday morning in Virginia Uranium Inc. v. Warren, which concerns the largest uranium deposit in the United States, located in south-central Virginia. The petitioners are owners of the deposit who wish to mine uranium, and they are challenging a 1983 statute by which the Virginia General Assembly imposed a moratorium on uranium mining. Although all parties agree that uranium mining is a matter for state regulation, the owners contend that the moratorium was impermissibly intended to regulate radiation safety associated with uranium milling and tailings management - a field pre-empted by the Atomic Energy Act. The case therefore raises questions about the extent to which a state legislature's motives are relevant to deciding whether the state statute is pre-empted.
Tue, 06 Nov 2018 15:30:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=2B4E0903-DEA9-5AD8-122D9BDD92E94E2D
http://www.progressivereform.org/CPRBlog.cfm?idBlog=2B4E0903-DEA9-5AD8-122D9BDD92E94E2DEmily Hammond
For Parents of Rape Survivors, OIRA's 'Open Door' to Nowhere
The meeting logs for the White House Office of Information and Regulatory Affairs (OIRA) - the small but powerful bureau that oversees federal rulemaking efforts on behalf of the president - have looked a little different in recent weeks. As usual, they are graced by high-priced corporate lobbyists and attorneys from white-shoe law firms, along with a smattering of activists from public interest organizations. But also signing in have been nearly a dozen ordinary Americans, representing only themselves, and they've been there to express their views on one rule: the Department of Education's proposal to weaken existing federal measures aimed at addressing sexual assaults on college campuses.
Tue, 06 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=F782F224-CE0B-A7BE-53BAE00BD44E7096
http://www.progressivereform.org/CPRBlog.cfm?idBlog=F782F224-CE0B-A7BE-53BAE00BD44E7096James Goodwin
Climate Change, Public Health, and the Ocean and Coasts
Climate change is having significant effects on the ocean. Sea levels are rising. The ocean is becoming warmer, and because the ocean absorbs chemically reactive carbon dioxide, its pH is dropping. Hurricanes, typhoons, and other coastal storms are becoming stronger on average. Marine species are on the move, generally shifting toward the poles and, to a lesser extent, deeper. Coral reefs are dying. Clearly, the climate impacts on the ocean are cause for concern.
Mon, 05 Nov 2018 08:45:00 -0500http://www.progressivereform.org/CPRBlog.cfm?idBlog=51BDFD01-D25E-8752-E66B0387EE439BC3
http://www.progressivereform.org/CPRBlog.cfm?idBlog=51BDFD01-D25E-8752-E66B0387EE439BC3Robin Kundis Craig
Bay Journal Op-Ed: State Pollution-Permitting Must Be Reformed to Adapt to Climate Change
Recent extreme weather - Hurricanes Harvey and Florence - caused widespread toxic contamination of floodwaters after low-lying chemical plants, coal ash storage facilities and hog waste lagoons were inundated. Such storm-driven chemical disasters demonstrate that state water pollution permitting programs are overdue for reforms that account for stronger and more intense hurricanes and heavy rainfall events, sea level rise and extreme heat.
Thu, 01 Nov 2018 15:10:00 -0400http://www.progressivereform.org/CPRBlog.cfm?idBlog=24B25B64-01A3-300A-C2122A05A638B80A
http://www.progressivereform.org/CPRBlog.cfm?idBlog=24B25B64-01A3-300A-C2122A05A638B80ADavid Flores
Gutting Fuel Efficiency and States' Rights: The Trump EPA's Unsafe SAFE Vehicles Rule
On October 26, 2018, the comment period ended for a new rule that guts U.S. fuel efficiency standards for vehicles. If the final rule resembles the proposed rule, the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule) will lock in old fuel efficiency standards, reversing Obama administration regulations mandating increased efficiency. Specifically, the "preferred alternative" expressed by the Trump administration's EPA is to keep 2020 standards for both passenger vehicles and light trucks through 2026, replacing current regulations that required enhanced efficiency during the six-year period. Further, the rule proposes to remove California's existing authorization to regulate carbon emissions from cars, preempting both California's regulation and other states that have adopted standards identical to California's.
Thu, 01 Nov 2018 09:30:00 -0400http://www.progressivereform.org/CPRBlog.cfm?idBlog=C1651264-989B-8A24-BAB5256F89E98260
http://www.progressivereform.org/CPRBlog.cfm?idBlog=C1651264-989B-8A24-BAB5256F89E98260Hannah Wiseman
Argument Preview: Can a Hovercraft Navigate the Shoals of Yukon-Charley?
"Alaska is different." So said Chief Justice John Roberts when the U.S. Supreme Court last took up this case two years ago in Sturgeon v. Frost (Sturgeon I). When the court hears a second oral argument in Sturgeon v. Frost (Sturgeon II) next Monday, it will once again consider whether a form of transportation unknown to most people outside of Alaska - a hovercraft (an amphibious vehicle that glides over land and water) - can be used in the Yukon-Charley Rivers National Preserve conservation system unit (CSU). Why, you may ask, would the court bother (twice) with such an arcane and seemingly inconsequential set of issues involving a place that most of us will never even visit, much less on a hovercraft?
Wed, 31 Oct 2018 09:45:00 -0400http://www.progressivereform.org/CPRBlog.cfm?idBlog=8EF62272-CF83-6AC3-66839E2B419D955A
http://www.progressivereform.org/CPRBlog.cfm?idBlog=8EF62272-CF83-6AC3-66839E2B419D955ASandra Zellmer